Labour Law in Kenya

1381 words 6 pages
Sources and institutions of labour law in Kenya.

Sources of labour law are both international and national (the latter including the regulations established through the social partners themselves). Employment relations in Kenya are regulated by a number of sources: constitutional rights, statutory rights, as set out in statutes and regulations; rights set by collective agreements and extension orders of collective agreements; and individual labor contracts.
These legal sources are interpreted by the Industrial Court, and in some cases by the ordinary courts. A particularly important role to play has the tripartite Industrial Relations Charter that laid the foundation for an industrial relations system already prior to Kenya’s independence
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It states that every person has the right to a fair labour practices and rights which include

1. Fair remuneration 2. Reasonable working conditions 3. Right to form, join or participate in activities and programmes of a trade union. 4. A right to go on strike. 5. Right to form and join an employee’s organization 6. Right to participate in activities and programmes of an employer’s organization

Every trade union and every trade organization has the right to

1. Determine its own administration, programmes and activities. 2. Organize and to form and join a federation. 3. The right to engage in collective bargaining.

Article 42 of the constitution outlines the rights of individuals in relation to their working environments. It states that “every person has the right to a clean and healthy environment which includes at the work place”. This article means that employers should endeavor to ensure that the working environments of their employees are clean and that the nature of the work does not endanger their health. It is important to note that the former constitution did not provide for labour rights of individuals hence the inclusion of labour rights in the new Kenyan constitution is a milestone in terms of the development of labour rights in Kenya.

Article 43 of

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